Res 2015-020/Wildenthal Tract - Laserfiche WebLink

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INTERLOCAL AGREEMENT AND MEMORANDUM OF UNDERSTANDING This Interlocal Funding Agreement and Memorandum of Understanding (the "MOU ") is hereby executed this the 2 day of =("the , 2015 by and between the City of San Marcos, Texas ( "City "), and Hays County, Texas oun ty "'), each a political subdivision of the State of Texas (collectively, the "Parties "), related to the acquisition of, approximately 110 Acres of Land situated west -by- northwest of the City's Purgatory Creek Preserve (the "Preserve "), and known by the Parties as "Wildenthal - Phase 1" (hereinafter "the Property "), which is referenced in the map that is attached hereto as Exhibit "A." RECITALS WHEREAS, the County and the Trust for Public Land (hereinafter "TPL ") intend to execute a Purchase /Sale Agreement before the end of February 2015 (the "Purchase Contract ") that will result in the County's acquisition of the Property by the end of February 2016; and WHEREAS, the County wishes to utilize its interests in the Property to include a portion of the Property as a preserve under the Hays County Regional Habitat Conservation Plan (the "Plan") approved by the U.S. Fish and Wildlife Service (the "Service "); and WHEREAS, the City owns and maintains the Preserve adjacent to the Property for purposes of habitat conservation, protection of the Edwards Aquifer, environmental education and low intensity recreational uses and the City wishes to purchase a portion of the Property for expansion of the City's Preserve; and WHEREAS, the Parties have agreed that the best way to promote their mutual interests is to collaboratively fund the County's purchase of the Property from TPL, and for the County to subsequently convey a portion of the Property to the City, thereby allowing each to separately own agreed -upon areas of the Property, NOW, THEREFORE, in consideration of the foregoing and the mutual terms and conditions of the Parties in this MOU, the County and City agree as follows: ARTICLE 1 PURPOSE The purpose of this MOU is to set forth the general terms and conditions under which 1) the City will provide funding in an amount not to exceed five hundred thousand dollars ($500,000.00 USD) to the County for partial payment of the County's acquisition of Property from TPL, and 2) the County will subsequently convey fee simple interest in approximately 33.33 acres of the Property to the City. MOU - Wildenthal - Phase 1 Page 1